Legal Certainty in the Reconstruction of the Dominus Litis Principle Concerning Connectivity Cases in the Criminal Justice System

Abstract

The criminal justice system is a law enforcement mechanism aimed at achieving legal certainty, justice, and the protection of human rights. This study aims to examine: (1) how the *dominus litis* principle should be reconstructed regarding the prosecutor's authority in koneksitas cases; and (2) the certainty of the prosecutor's authority as the Public Prosecutor in relation to Article 170 of the Criminal Procedure Code (KUHAP) within the context of koneksitas cases. This study employs a socio-legal (juridical-empirical) research method. The study concludes the following: (1) The dominus litis principle serves as the legal foundation for the authority of the Public Prosecution Service within the criminal justice system, positioning the Public Prosecutor as the authority responsible for determining the viability of referring a case to court based on valid evidence. Thus, the dominus litis principle ensures a fair, consistent, and accountable prosecution process, as reinforced by the KUHAP. (2) Prosecutors hold the position of case controllers (dominus litis), as affirmed in Article 18 paragraph (1) of Law Number 11 of 2021 concerning the Public Prosecution Service of the Republic of Indonesia, which designates the Attorney General as the supreme public prosecutor. However, the practice of handling koneksitas cases such as a murder case involving a prospective Indonesian Navy non-commissioned officer still reveals a separation of judicial proceedings between civilian and military perpetrators; this creates legal uncertainty and fails to reflect the optimal application of the dominus litis principle by prosecutors.